San Antonio, TX asked in Criminal Law for Texas

Q: Once you are arrested, how long does the court have to indict you?

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1 Lawyer Answer
Don Richardson
Don Richardson
  • Criminal Law Lawyer
  • Lufkin, TX
  • Licensed in Texas

A: It depends on the offense. The indictment must be filed before the limitation period runs, but the statute of limitations is different for various offenses. Some offenses, most notably murder or manslaughter, have not statute of limitations, and an indictment can be brought at any time. An indictment for certain sexual offenses involving a child can be brought up to 10 years after the victim's 18th birthday. Other felonies (the complete list is in the Texas Code of Criminal Procedure, Art. 12.01) must be indicted within 3, 5, 7, or 10 years from the date of the offense, depending on the specific offense. The statute of limitations for all misdemeanors is 2 years from the date of the offense.

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